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SANFORD v. WESTERN LIFE INS. CO.

77-635.

368 So.2d 260 (1979)

Donald E. SANFORD, as Executor of the Estate of Ann Simerly Stair, Deceased v. WESTERN LIFE INSURANCE COMPANY.

Supreme Court of Alabama.

Rehearing Denied March 2, 1979.

Attorney(s) appearing for the Case

Joseph G. L. Marston, III, Prattville, for appellant.

Richard B. Garrett, Montgomery, for appellee.

SHORES, Justice.

This is an appeal by Donald E. Sanford, as Executor of the Estate of Ann Simerly Stair, his mother. He claims error in two of the trial court's rulings: 1) The striking of a fraud count because ". . . the cause of action did not survive the death of Ann Simerly Stair, pursuant to § 6-5-462 of the 1975 Code of Alabama," and 2) the striking of his demand for damages for mental anguish and physical suffering in the contract count. We affirm both...

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